CEBU OXYGEN v.
BERCILLES and considered part of the public domain and thus outside
G.R. No. L40474 | August 29, 1975
J. Concepcion
Ermitanio | Group 5
PETITONER: CEBU OXYGEN & ACETYLENE CO. INC.
RESPONDENTS: HON. PASCUAL A. BERCILLES, Presiding Judge,
Branch XV, 14th Judicial District, and JOSE L. ESPELETA, Assistant
Provincial Fiscal, Province of Cebu, representing the Solicitor
General's Office and the Bureau of Lands
TOPIC:
Definition By Ownership Private property
CASE SUMMARY:
The Assistant Provincial Fiscal of Cebu is assailing Cebu
Oxygens application for registration of title to a strip of street it
bought from the City of Cebu. The Fiscal contends that such land,
being part of the public domain, cannot be transferred to any private
individual.
The Supreme Court ruled that the City of Cebu has the authority to
withdraw a piece of land from the public domain, as per Article 422 of
the Civil Code. Moreover, the City Council had already declared that
strip to be abandoned, and no longer being part of the public domain.
The said withdrawn land thus becomes a patrimonial property of the
City of Cebu, which can be the object of a common contract, like the
one between the City and Cebu Oxygen.
TERMS: n/a
PRECEDENT:
Favis v. City of Baguio: Baguio City Council's act of
withdrawing a strip of Lapu-Lapu Street at its dead end
from public use and converting the remainder thereof into
an alley, are well within the ambit of its power, as it is the
authority competent to determine whether or not a certain
property is still necessary for public use. Such power is
discretionary, which will not ordinarily be controlled or
interfered with by the courts, absent a plain case of abuse
or fraud or collusion. As faithfulness to the public trust is
presumed, the fact that some private interests may be
served incidentally will not invalidate the vacation
ordinance.
FACTS:
Petitioner Cebu Oxygen wanted to have its title to a portion
of M. Borces Street in Mabolo, Cebu Citywhich it bought
from the City of Cebu for P10,800 during a public bidding
registered by the Court of First Instance of Cebu.
The said portion was previously declared by the City
Council of Cebu, as an abandoned road as it was not
included in the City Development Plan. Subsequently the
City Council of Cebu authorized the Acting City Mayor to
sell the land through a public bidding.
But the Assistant Provincial Fiscal of Cebu filed a motion to
have the application dismissed, pointing that it cannot be
subject to registration by any private individual. He
contended that it was a public road intended for public use
the commerce of man.
The trial court went for the Fiscal, dismissing Cebu
Oxygens application for registration of title. This is why the
latter filed a petition for review before the Supreme Court.
ISSUES:
WoN the City of Cebu has the right to declare a road
abandoned?
WoN such declaration transforms the said road to a
patrimonial property, and thus may be the object of a
common contract?
RULING:
1st issue: Yes.
o As per Revised Charter of Cebu City, its
particularly Section 31, paragraph 34, the City of
Cebu is empowered to close a city road or street.
2nd issue: Yes.
o When that strip of Lapu-Lapu Street was
withdrawn from public use, it follows that it
becomes patrimonial property which can be
the object of an ordinary contract. Thus the
sale to Cebu Oxygen by the City of Cebu was
valid, and the petitioner can have a registered
title over it.
o The basis of such is Article 422 of the Civil Code,
which expressly provides that [p]roperty of public
dominion, when no longer intended for public use
or for public service, shall form part of the
patrimonial property of the State.
o Besides, the Revised Charter of the City of Cebu
is very clear and unequivocal on that property
thus withdrawn from public servitude may be
used or conveyed for any purpose for which other
real property belonging to the City may be
lawfully used or conveyed.
DISPOSITIVE:
WHEREFORE, the order dated October 11, 1974,
rendered by the respondent court in Land Reg. Case No. N-948, LRC
Rec. No. N-44531 is hereby set aside, and the respondent court is
hereby ordered to proceed with the hearing of the petitioner's
application for registration of title.
PROVISIONS:
Revised Charter of Cebu City. Section 31, Paragraph 34:
Legislative Powers. Any provision of law and executive order to
the contrary notwithstanding, the City Council shall have the
following legislative powers: x x x (34) ...; to close any city road,
street or alley, boulevard, avenue, park or square. Property thus
withdrawn from public servitude may be used or conveyed for any
purpose for which other real property belonging to the City may be
lawfully used or conveyed.
New Civil Code. Article 422: Property of public dominion, when
no longer intended for public use or for public service, shall form
part of the patrimonial property of the State.